Veterans Disability Litigation

A lawyer can assist Veterans Disability Law Firms start a claim for disability benefits or contest the validity of a VA decision. Currently, lawyers are not permitted to charge for initial claims.

Monk claims that the VA denied him benefits based on PTSD and a discharge that was not favorable. The VA has a long appeals procedure to rectify any erroneous decisions.

What is an VA Disability Claim?

A VA disability claim is a request for tax-free monthly benefits. Compensation provides a cash benefit to pay for things like housing and medical expenses. Dependency and Indemnity Compensation provides an amount of money to parents, spouses, and children of Service members who have passed away on active duty or because of service-related disabilities.

Tinnitus is among the top most commonly reported condition. It is a symptom that can be experienced when you hear a ringing in your ears, a hissing sound, buzzing sounds, or other sounds however, you are unable to hear them.

Sciatica is among the more common conditions. It can occur when an injury to the disk or bone spur compresses the sciatic nerve, which runs from your lower back through your buttocks and hips, and down each leg. The buttocks and lower legs may be affected by discomfort and the sensation of numbness.

The easiest condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This occurs when you experience constant nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about an event which occurred during your military service. A convincing proof of the claim by citing an event that caused stress in the course of service can help to get the PTSD rating you merit. A head injury that is traumatizing is the fourth condition that is easy to prove and is typically associated with an PTSD diagnosis.

How Do I File a VA Disability Claim?

To file a claim you need to follow certain steps. First, you must submit medical evidence, like medical opinion from a physician and lab results as well as X-rays to prove that your condition is in line with VA's definition of disability. It's usually helpful to have your lawyer gather the medical evidence and submit it in your initial application so that it can be more easily processed by the VA.

You then need to go through an exam called Compensation and Pensions (C&P). It will be administered by an federal VA rater who will review your symptoms and physical condition to determine if you qualify for disability benefits. You must have all the necessary documentation in order to maximize your chances of obtaining benefits.

You will receive a letter of decision once the C&P examiner reviews your medical evidence and passes the examination. The letter will include an introduction, a determination of your disability classification and specific amount, a listing of the medical evidence they considered and a statement of any reasons they ruled against the decision.

If your claim is rejected or you are awarded an unjustified rating that doesn't compensate you for all of the symptoms that you are suffering from, our firm will help with the appeals process. We can determine the reasons behind the reason for the denial and then prepare a thorough and strategic appeal to settle the matter in your favor.

What can I do to challenge a VA decision?

VA offers three options to claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence again and determine if the initial decision is in light of a disagreement or an error made. This is a possibility for those who don't have new evidence to provide. It can be completed in 125 days.

The other option is to file a Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it must be new and relevant. It may also contain non-medical evidence, like lay statements. These are sworn statements by those who know how your disability affects you. This appeal has to be filed within one year following a decision.

Another option is to file a formal appeal with the Board of veterans disability lawsuits Appeals. This is done by submitting an VA Form 21-0958 and a Notice Of Disagreement. The regional office will prepare an SOC (Statement of the Case) when the appeal is filed. It will list evidence that was considered, the regulations and laws used to reach the decision and the reasons for why the decision was favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court if the decision of the BVA is upheld. This is the most difficult and Veterans disability law Firms expensive path, but it may be the only option to get a fair result for your client.

What is the cost a lawyer will charge for an appeal?

A skilled veteran disability attorney provides clarity to the appeals process. They'll quickly identify what is lacking from your claim to make it eligible to be reviewed and help you determine the best way to appeal a ruling. Examining the reasons behind the denial, assisting you in developing medical evidence to support your claim, and presenting your evidence in a way that is appropriate are all aspects of the job.

If a court or a judge orders a disabled veteran pay alimony, alimony that was ordered by a court, or child support, that veteran isn't able to disregard the order and continue to collect VA compensation benefits. It is a widely accepted law and there are penalties for violating the order of a judge.

A recent settlement of a class action lawsuit may be a significant win for veterans with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of veterans disability lawyer who had previously been denied disability benefits.

Jim the veteran, who is 58 years old, suffered an stroke that rendered him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim would like to know how his expected $100,000 settlement will affect his ability to claim these benefits. Jim realizes that he has to show that he is in need of the monthly Pension payment, but he wonders what he can do to minimize the impact on his other income sources.